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2015 Supreme(SC) 834

DIPAK MISRA, PRAFULLA C.PANT
Vaish Aggarwal Panchayat – Appellant
Versus
Inder Kumar – Respondent


JUDGMENT

Dipak Misra, J.

The facts relevant to be stated for the adjudication of the present appeal are that the contesting respondent Nos. 1 and 2 – Inder Kumar and Yogendra Kumar, had filed a Civil Suit bearing No. 806 of 1993 against Krishan Chand Gupta, respondent No. 5, and Ved Prakash, original respondent No. 3, for a decree of specific performance of agreement to sell in respect of land measuring 20 kanals with the consequential relief of permanent injunction.

2. The suit was decreed by the learned Civil Judge (SD), Kurukshetra by judgment and decree dated 19.9.1998 and no appeal was preferred against the same. Subsequently, the Respondent Nos. 1 and 2 sought execution of the decree and during its pendency, the Petitioner, Vaish Aggarwal Panchayat (society), filed objections claiming that it is the owner of the suit land by way of gift deeds dated 5.3.1997 and 6.3.1997 executed by Ved Prakash and Banarsi Dass. The objections filed by the Society were rejected vide order dated 4.11.2000. Thereafter, the Society filed an application for setting aside the judgment and decree dated 19.9.1998 and for stay of the execution, which was dismissed vide order dated 19.4.2001 and the a












































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